Aequo lawyers provided comprehensive legal support to the Agrochemical Committee of the European Business Association (AC EBA) and its members on establishing the first Ukrainian voluntary container management system for the collection and disposal of empty pesticide containers (The Project).
The Project unites some of the biggest international producers of pesticides, such as Adama, Arysta, BASF, Bayer, FMC, Nufarm, Summit Agro Ukraine, Syngenta (AC EBA Members), which together control more than 60% of the Ukrainian pesticide market (the Ukrainian pesticide market is estimated at USD 1.5 billion).
We believe that this is the first project in Ukraine where an entire industry united to voluntarily collect and dispose of empty containers from their used products. This unique container management system should provide for the safe, effective and responsible management of empty, properly rinsed pesticide containers. And because Ukraine has significant environmental problems, the Project is expected to also help reduce the volume of waste, which will consequently make Ukraine cleaner.
Our competition team provided legal advice regarding any potential antitrust or other regulatory risks relevant for the Project, and provided for possible mitigation tactics, and developed a strategy for the proper Project implementation. Despite the parties’ significant, respective market shares, our team secured concerted actions clearance from the Antimonopoly Committee of Ukraine after in-depth Phase II investigation.